DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
211704P.pdf 06/16/2022 Andrea Martinez v. Ronnet Sasse
U.S. Court of Appeals Case No: 21-1704
U.S. District Court for the Western District of Missouri - St. Joseph
[PUBLISHED] [Colloton, Author, with Grasz and Kobes, Circuit Judges]
Civil case - Civil rights. In this Bivens action, plaintiff alleged
defendant used excessive force to prevent her from entering an ICE
facility, thereby seizing her in violation of her Fourth Amendment rights.
Defendant moved for summary judgment based on qualified immunity, and
appeals the denial of his motion. Held: Plaintiff has not demonstrated
clearly established law as of 2018 that defendant's push to repel
plaintiff from the ICE facility was a seizure; as such she had not
adequately pleaded violation of a clearly established right, and defendant
was entitled to qualified immunity; reversed and remanded with direction
to dismiss the Fourth Amendment claim against defendant.